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Farrell v. Lockhart, 210 U.S. 142 (1908)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Farrell v. Lockhart, 210 U.S. 142 (1908)
Farrell v. Lockhart No. 170 Submitted March 9, 1908 Decided May 18, 1908 210 U.S. 142
ERROR TO THE SUPREME COURT
OF THE STATE OF UTAH
Syllabus
Ground embraced in a mining location may become part of the public domain so as to be subject to another location before the expiration of the statutory period for performing annual labor if, at the time when the second location is made, there has been an actual abandonment of the claim by the first locator.
Lavignino v. Uhlig, 19,8 U.S. 443, qualified so as not to exclude the right of a subsequent locator on an adverse claim to test the lawfulness of a prior location of the same ground upon the contention that, at the time such prior location was made, the ground embraced therein was covered by a valid and subsisting mining claim.
Where three mining locations cover the same ground and the senior locator, after forfeiture, does not adverse, the burden of proof is on the third locator to establish the invalidity of the second location.
1 Utah, 165 reversed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Farrell v. Lockhart, 210 U.S. 142 (1908) in 210 U.S. 142 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=UQX4X9SKX79ZPMC.
MLA: U.S. Supreme Court. "Syllabus." Farrell v. Lockhart, 210 U.S. 142 (1908), in 210 U.S. 142, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UQX4X9SKX79ZPMC.
Harvard: U.S. Supreme Court, 'Syllabus' in Farrell v. Lockhart, 210 U.S. 142 (1908). cited in 1908, 210 U.S. 142. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=UQX4X9SKX79ZPMC.
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